EM BUSCA DA EFETIVIDADE NA EXECUÇÃO CIVIL DE OBRIGAÇÃO PECUNIÁRIA – UMA ANÁLISE DE ALTERNATIVAS DE APRIMORAMENTO DA SATISFAÇÃO EXECUTIVA ATRAVÉS DA ÓTICA LEGAL, JURISPRUDENCIAL E DE INOVAÇÃO LEGISLATIVA

Abstract

The issue of civil enforcement ineffectiveness has shown to be a great obstacle that must be overcome by the Municipal law, given that it is common the occurrence of default on debts charged on court, no matter if these debts come from judgments or other enforceable titles. Thus, the present study aims to show some alternatives, using bibliographic research and descriptive methodologies, to the current conjuncture of enforcement ineffectiveness, by the adoption of atypical techniques of enforcement, grounded on the article 139, IV, from the Brazillian Civil Procedure Code; the mitigation of unseizability rules, by using of interpretation methods lined on reasonableness and proportionality principles; and, at last, we have the de- judicialization of civil enforcement, established in Brazilian Draft Law 6.204/2019, which it’s being discussed on the Congress.